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Anuj Goyal   14 October 2023

Stay order on my grandparents house bought by my father

Hi, My father bought a house in the name of his parents i.e my grandfather & grandmother, and my other uncles were already separated by then in their own houses, my father died in 2010 and after that, all the people from my grandparents side throw me, my brother and my brother out. In 2022 my grandfather passed away and my grandmother is still alive and lives with one of my uncles. We hired an advocate to obtain a stay order on the house and after receiving it I personally went to a government office to update the stay order on that house on the online portal. Still, our lawyer is fighting the case so that we can receive our share in the house (although ideally, it is 100% ours) but on paper, the thing our advocate is saying is that half of the house is in my grandmother's name and remaining half in grandfather's name(who died). Now the thing is we don't want any share in the house, we just want the stay order to be there so that those people can not sell the property, so still we need to fight the case so that the stay order remains active or we can stop fighting the case and still expect Stay Order to be still valid?



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 5 Replies

Sudhir Kumar, Advocate (Advocate)     14 October 2023

You did not clearly mention that you have go no stay order.

 

In cany case they cannot sell the property without your share. You can get stay order to that efect. 

 

you do not want any share and yet you want a stay against the sale of prpoperty.  what do you exactly want.

Anuj Goyal   14 October 2023

We have got the stay order(approx. within 2 months last year when we filed the case) which I took to a government office to get it filled online(as my lawyer asked). But now our lawyer is fighting to get us our share in it which according to our lawyer is 1/4 of 50% because the remaining 50% belongs to my grandmother who is still alive (1/4 because my father had 2 older brothers and 1 younger sister). But my uncles are arguing in court that when my father was alive at that time only we took our share and got separated in a new home so that is why we don't deserve any rights in the house(which is obviously not true at all). 
Now in this fight, there are two things:

1.) First is that our lawyer demands some Rs. 3000/- every 3 months which is difficult for us to manage now because we have also been adjusting our budget since last year when the case started(by the way he took a lumpsum amount alag se for stay order as well).
2.) Even if somehow we manage to pay our lawyer every 3 months and let's suppose after a few years he is able to get us to win then also our share is still 1/4 of 50% which we feel is not worth it. 
So because of the above two reasons, we feel that let the stay order be there and not fight further in court for our share in the house, instead whenever my uncles feel like they should give us genuine compensation then we will think of "out of the court settlement" but our confusion is that we are not sure that whether we can do that or not i.e. whether if we ask our lawyer that we do not want to fight the case further whether the stay order that we have won still be valid or not.

Sudhir Kumar, Advocate (Advocate)     16 October 2023

the papers need to be seen.          

Anuj Goyal   16 October 2023

Can you please explain what papers need to be seen?

Sudhir Kumar, Advocate (Advocate)     17 October 2023

You need to visit a lawyer with all the papers you are having.


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